Enforceable Standards and Protocols

Members of First Nations should expect, as do all Canadians, to have access to safe, clean drinking water. It is an important health and safety issue. Water and wastewater system standards are necessary to protect the substantial investments made by the Government and First Nations in First Nation water and wastewater services.

Protocols

AANDC has established three protocols which set out standards for design, construction, operation, maintenance, and monitoring of water and wastewater systems on reserve:

• Protocol for Centralised Drinking Water Systems in First Nations Communities;
• Protocol for Centralised Wastewater Systems in First Nations Communities; and
• Protocol for Decentralised Water and Wastewater Systems in First Nations Communities

Health Canada's Procedure Manual for Safe Drinking Water in First Nations Communities South of 60° assists First Nations in the operational steps to meet the Guidelines for Canadian Drinking Water Quality (GCDWQ)   which set out the requirements for water safety.

These tools provide direction to First Nation Band Councils on water treatment, water management, responses to public health issues from potential waterborne illness and contamination, and the design of water and wastewater systems. To ensure that on-reserve residents enjoy comparable standards of health and safety to neighbouring off-reserve residents, AANDC's protocols indicate that if a local provincial standard or regulation is more stringent than the requirement of the protocols, that the more stringent provincial requirements must be met.

Water Operators

First Nation water operators play an important role in ensuring that water and wastewater systems in First Nations communities are properly maintained and operate effectively. AANDC provides training funding to First Nations to support operator training and to First Nations technical organizations to support the Circuit Rider Training Program (CRTP). This program provides First Nations operators with ongoing, on-site training and mentoring on how to operate their drinking water and wastewater systems. CRTP provides qualified experts who rotate through a circuit of First Nations communities, providing hands-on training for the operators on their own systems. Circuit Rider Trainers also help the First Nations with minor troubles and issues related to the operation and maintenance of their systems.

Bill S-11

While the protocols, Guidelines for Canadian Drinking Water Quality, and procedures outline requirements for operation of First Nations water and wastewater systems, these standards cannot be legally enforced. The provinces have regulations related to water but these do not apply on reserve land. As a result, there is a regulatory gap between communities on reserve and those communities off reserve. Legislation is required in order to create a legal basis for compliance and enforcement on reserve.

Bill S-11, the proposed Safe Drinking Water for First Nations Act was introduced in Parliament in May 2010 and died in Committee on Second Reading on March 26 as a result of the dissolution of Parliament.

Proposed Safe Drinking Water for First Nations Act

The proposed Safe Drinking Water for First Nations Act was introduced in Parliament on February 29, 2012.

While the spirit of the new proposed legislation is the same as former Bill S-11, the Government has incorporated significant changes to the current bill based on feedback received from First Nations, Senators and Members of Parliament.

This enabling legislation is a vital step towards ensuring First Nations have the same health and safety protections for drinking water as other Canadians.

Subject to the proposed legislation receiving Royal Assessment, this bill will allow the Government to develop, in partnership with First Nations, enforceable federal regulations to ensure access to safe, clean and reliable drinking water; the effective treatment of wastewater; and the protection of sources of water on First Nation lands.

The Bill

You can read the entire Drinking Water for First Nations Act   on the Parliament of Canada's website and follow its status as it goes through the legislative process.

Learn More

Learn more about the Safe Drinking Water for First Nations Act by consulting the following reference documents:

• News Release: The Government of Canada Introduces Updated Legislation to Safeguard Drinking Water Quality in First Nations Communities
• Backgrounder: Safe Drinking Water for First Nations Act
• Frequently Asked Questions: Safe Drinking Water for First Nations Act
• Chronology: Water

What Information is Available?

• Engagement Sessions on the Development of a Proposed Legislative Framework for Drinking Water and Wastewater in First Nations Communities
• Standards and Guidelines
• Operations, Maintenance and Training
• Progress Reports
• Announcements

You may also be interested in:

• Fact Sheet – Water Quality
• The Creator's Gift: Good Water
• Health Canada's website on drinking water quality  
• Environment Canada's website on wastewater  
• Links to related sites